[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1386 Reported in Senate (RS)]

                                                       Calendar No. 257
113th CONGRESS
  1st Session
                                S. 1386

   To provide for enhanced embassy security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2013

 Mr. Menendez (for himself, Mr. Corker, and Mrs. Feinstein) introduced 
the following bill; which was read twice and referred to the Committee 
                          on Foreign Relations

                            December 9, 2013

               Reported by Mr. Menendez, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To provide for enhanced embassy security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Chris Stevens, 
Sean Smith, Tyrone Woods, and Glen Doherty Embassy Security, Threat 
Mitigation, and Personnel Protection Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
         TITLE I--FUNDING AUTHORIZATION AND TRANSFER AUTHORITY

Sec. 101. Capital Security Cost Sharing Program.
Sec. 102. Immediate threat mitigation.
Sec. 103. Language training.
Sec. 104. Foreign affairs security training.
Sec. 105. Transfer authority.
                TITLE II--CONTRACTING AND OTHER MATTERS

Sec. 201. Local guard contracts abroad under diplomatic security 
                            program.
Sec. 202. Disciplinary action resulting from unsatisfactory leadership 
                            in relation to a security incident.
Sec. 203. Management and staff accountability.
Sec. 204. Security enhancements for soft targets.
Sec. 205. Reemployment of annuitants.
  TITLE III--EXPANSION OF THE MARINE CORPS SECURITY GUARD DETACHMENT 
                                PROGRAM

Sec. 301. Marine Corps Security Guard Program.
TITLE IV--REPORTING ON THE IMPLEMENTATION OF THE ACCOUNTABILITY REVIEW 
                         BOARD RECOMMENDATIONS

Sec. 401. Department of State implementation of the recommendations 
                            provided by the Accountability Review Board 
                            convened after the September 11-12, 2012, 
                            attacks on United States Government 
                            personnel in Benghazi, Libya.
Sec. 402. Designation and reporting for high threat, high risk 
                            facilities.
Sec. 403. Designation and reporting for high-risk counterintelligence 
                            threat posts.
Sec. 404. Comptroller General report on implementation of Benghazi 
                            Accountability Review Board 
                            recommendations.
Sec. 405. Security Environment Threat List briefings.
                 TITLE V--ACCOUNTABILITY REVIEW BOARDS

Sec. 501. Sense of Congress.
Sec. 502. Provision of copies of Accountability Review Board reports to 
                            Congress.
Sec. 503. Changes to existing law.

                        TITLE VI--OTHER MATTERS

Sec. 601. Enhanced qualifications for Deputy Assistant Secretary of 
                            State for High Threat, High Risk Posts.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (2) Facilities.--The term ``facilities'' encompasses 
        embassies, consulates, expeditionary diplomatic facilities, and 
        any other diplomatic facilities, not in the United States, 
        including those that are intended for temporary use.

         TITLE I--FUNDING AUTHORIZATION AND TRANSFER AUTHORITY

SEC. 101. CAPITAL SECURITY COST SHARING PROGRAM.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for fiscal year 2014 for the Department of State 
$1,383,000,000, to be available until expended, for the Capital 
Security Cost Sharing Program, authorized by section 604(e) of the 
Secure Embassy Construction and Counterterrorism Act of 1999 (title VI 
of division A of H.R. 3427, as enacted into law by section 1000(a)(7) 
of Public Law 106-113; 113 Stat. 1501A-453; 22 U.S.C. 4865 note).
    (b) Sense of Congress on the Capital Security Cost Sharing 
Program.--It is the sense of Congress that--
            (1) the Capital Security Cost Sharing Program should 
        prioritize the construction of new facilities and the 
        maintenance of existing facilities in high threat, high risk 
        areas in addition to addressing immediate threat mitigation as 
        set forth in section 102, and should take into consideration 
        the priorities of other government agencies that are 
        contributing to the Capital Security Cost Sharing Program when 
        replacing or upgrading diplomatic facilities; and
            (2) all United States Government agencies are required to 
        pay into the Capital Security Cost Sharing Program a percentage 
        of total costs determined by interagency agreements, in order 
        to address immediate threat mitigation needs and increase funds 
        for the Capital Security Cost Sharing Program for fiscal year 
        2014, including to address inflation and increased construction 
        costs.
    (c) Restriction on Construction of Office Space.--Section 604(e)(2) 
of the Secure Embassy Construction and Counterterrorism Act of 1999 
(title VI of division A of H.R. 3427, as enacted into law by section 
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-453; 22 U.S.C. 4865 
note) is amended by adding at the end the following: ``A project to 
construct a diplomatic facility of the United States may not include 
office space or other accommodations for an employee of a Federal 
agency or department if the Secretary of State determines that such 
department or agency has not provided to the Department of State the 
full amount of funding required by paragraph (1), except that such 
project may include office space or other accommodations for members of 
the United States Marine Corps. <DELETED>Funding appropriated for 
Overseas Contingency Operations for Worldwide Security Upgrades shall 
be considered to be part of the Department of State's Capital Security 
Cost Sharing Program payment, and, subject to annual appropriations, 
shall be subject to the funding requirements in paragraph 
(1).</DELETED>''.

SEC. 102. IMMEDIATE THREAT MITIGATION.

    (a) Allocation of Authorized Appropriations.--In addition to any 
funds otherwise made available for such purposes, the Department of 
State shall, notwithstanding any other provision of law except as 
provided in subsection (d), use $300,000,000 of the funding provided in 
section 101 for immediate threat mitigation projects, with priority 
given to facilities determined to be ``high threat, high risk'' 
pursuant to section 402.
    (b) Allocation of Funding.--In allocating funding for threat 
mitigation projects, the Secretary of State shall prioritize funding 
for--
            (1) the construction of safeguards that provide immediate 
        security benefits;
            (2) the purchasing of additional security equipment, 
        including additional defensive weaponry;
            (3) the paying of expenses of additional security forces, 
        with an emphasis on funding United States security forces where 
        practicable; and
            (4) any other purposes necessary to mitigate immediate 
        threats to United States personnel serving overseas.
    (c) Transfer.--The Secretary may transfer and merge funds 
authorized under subsection (a) to any appropriation account of the 
Department of State for the purpose of carrying out the threat 
mitigation projects described in subsection (b).
    (d) Use of Funds for Other Purposes.--Notwithstanding the 
allocation requirement under subsection (a), funds subject to such 
requirement may be used for other authorized purposes of the Capital 
Security Cost Sharing Program if, not later than 15 days prior to such 
use, the Secretary certifies in writing to the appropriate 
congressional committees that--
            (1) high threat, high risk facilities are being secured to 
        the best of the United States Government's ability; and
            (2) the Secretary of State will make funds available from 
        the Capital Security Cost Sharing Program or other sources to 
        address any changed security threats or risks, or new or 
        emergent security needs, including immediate threat mitigation.

SEC. 103. LANGUAGE TRAINING.

    (a) In General.--Title IV of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4851 et seq.) is amended by adding 
at the end the following new section:

``SEC. 416. LANGUAGE REQUIREMENTS FOR DIPLOMATIC SECURITY PERSONNEL 
              ASSIGNED TO HIGH THREAT, HIGH RISK POSTS.

    ``(a) In General.--Diplomatic security personnel assigned 
permanently to, or who are serving in, long-term temporary duty status 
as designated by the Secretary of State at a high threat, high risk 
post should receive language training described in subsection (b) in 
order to prepare such personnel for duty requirements at such post.
    ``(b) Language Training Described.--Language training referred to 
in subsection (a) should prepare personnel described in such 
subsection--
            ``(1) to speak the language at issue with sufficient 
        structural accuracy and vocabulary to participate effectively 
        in most formal and informal conversations on subjects germane 
        to security; and
            ``(2) to read within an adequate range of speed and with 
        almost complete comprehension on subjects germane to 
        security.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 annually for fiscal years 2014 and 2015 to 
carry out this section.
    (c) Inspector General Review.--The Inspector General of the 
Department of State and Broadcasting Board of Governors shall, at the 
end of fiscal years 2014 and 2015, review the language training 
conducted pursuant to this section and make the results of such reviews 
available to the Secretary of State and the appropriate congressional 
committees.

<DELETED>SEC. 104. FOREIGN AFFAIRS SECURITY TRAINING.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
        <DELETED>    (1) Department of State employees and their 
        families deserve improved and efficient programs and facilities 
        for high threat training and training on risk management 
        decision processes;</DELETED>
        <DELETED>    (2) improved and efficient high threat, high risk 
        training is consistent with the Benghazi Accountability Review 
        Board (ARB) recommendation number 17;</DELETED>
        <DELETED>    (3) improved and efficient security training 
        should take advantage of training synergies that already exist, 
        like training with, or in close proximity to, Fleet 
        Antiterrorism Security Teams (FAST), special operations forces, 
        or other appropriate military and security assets; 
        and</DELETED>
        <DELETED>    (4) the Secretary of State should undertake 
        temporary measures, including leveraging the availability of 
        existing government and private sector training facilities, to 
        the extent appropriate to meet the critical security training 
        requirements of the Department of State.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--There is authorized 
to be appropriated for the Department of State $100,000,000 for 
improved high threat, high risk security training, including--
</DELETED>
        <DELETED>    (1) expanding existing government training 
        facilities; and</DELETED>
        <DELETED>    (2) utilizing other government or private sector 
        facilities to meet critical security training 
        requirements.</DELETED>
<DELETED>    (c) Additional Authorization of Appropriations.--
</DELETED>
        <DELETED>    (1) In general.--There is authorized to be 
        appropriated $350,000,000 for the acquisition, construction, 
        and operation of a new Foreign Affairs Security Training 
        Center, subject to the certification requirement in paragraph 
        (2).</DELETED>
        <DELETED>    (2) Required certification.--Not later than 15 
        days prior to the obligation or expenditure of any funds 
        authorized to be appropriated pursuant to paragraph (1), the 
        President shall certify to the appropriate congressional 
        committees that the acquisition, construction, and operation of 
        a new Foreign Affairs Security Training Center is necessary to 
        meet high threat security training requirements.</DELETED>
        <DELETED>    (3) Effect of certification.--If the certification 
        in paragraph (2) is made--</DELETED>
                <DELETED>    (A) up to $100,000,000 of the funds 
                authorized to be appropriated under subsection (b) 
                shall also be authorized for the purposes set forth in 
                paragraph (1); or</DELETED>
                <DELETED>    (B) up to $100,000,000 of funds available 
                for the acquisition, construction, or operation of 
                Department of State facilities may be transferred and 
                used for the purposes set forth in paragraph 
                (1).</DELETED>
<DELETED>    (d) Use of Funds Appropriated Under the American 
Reinvestment and Recovery Act of 2009.--Of the funds appropriated to 
the Department of State under title XI of the American Reinvestment and 
Recovery Act of 2009 (Public Law 111-5), $54,545,177 is to remain 
available until September 30, 2016, for activities consistent with 
subsections (b) and (c).</DELETED>

SEC. 104. FOREIGN AFFAIRS SECURITY TRAINING.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) Department of State employees and their families 
        deserve improved and efficient programs and facilities for high 
        threat training and training on risk management decision 
        processes;
            (2) improved and efficient high threat, high risk training 
        is consistent with the Benghazi Accountability Review Board 
        (ARB) recommendation number 17;
            (3) improved and efficient security training should take 
        advantage of training synergies that already exist, like 
        training with, or in close proximity to, Fleet Antiterrorism 
        Security Teams (FAST), special operations forces, or other 
        appropriate military and security assets; and
            (4) the Secretary of State should undertake temporary 
        measures, including leveraging the availability of existing 
        government and private sector training facilities, to the 
        extent appropriate to meet the critical security training 
        requirements of the Department of State.
    (b) Authorization of Appropriations for Immediate Security Training 
for High Threat, High Risk Environments.--There is authorized to be 
appropriated for the Department of State $100,000,000 for improved 
immediate security training for high threat, high risk security 
environments, including through the utilization of government or 
private sector facilities to meet critical security training 
requirements.
    (c) Additional Authorization of Appropriations for Long-term 
Security Training for High Threat, High Risk Environments.--
            (1) In general.--There is authorized to be appropriated 
        $350,000,000 for the acquisition, construction, and operation 
        of a new Foreign Affairs Security Training Center or expanding 
        existing government training facilities, subject to the 
        certification requirement in paragraph (2).
            (2) Required certification.--Not later than 15 days prior 
        to the obligation or expenditure of any funds authorized to be 
        appropriated pursuant to paragraph (1), the President shall 
        certify to the appropriate congressional committees that the 
        acquisition, construction, and operation of a new Foreign 
        Affairs Security Training Center, or the expansion of existing 
        government training facilities, is necessary to meet long-term 
        security training requirements for high threat, high risk 
        environments.
            (3) Effect of certification.--If the certification in 
        paragraph (2) is made--
                    (A) up to $100,000,000 of the funds authorized to 
                be appropriated under subsection (b) shall also be 
                authorized for the purposes set forth in paragraph (1); 
                or
                    (B) up to $100,000,000 of funds available for the 
                acquisition, construction, or operation of Department 
                of State facilities may be transferred and used for the 
                purposes set forth in paragraph (1).
    (d) Use of Funds Appropriated Under the American Reinvestment and 
Recovery Act of 2009.--Of the funds appropriated to the Department of 
State under title XI of the American Reinvestment and Recovery Act of 
2009 (Public Law 111-5), $54,545,177 is to remain available until 
September 30, 2016, for activities consistent with subsections (b) and 
(c).

SEC. 105. TRANSFER AUTHORITY.

    Section 4 of the Foreign Service Buildings Act of 1926 (22 U.S.C. 
295) is amended by adding at the end the following new subsections:
    ``(j)(1) In addition to exercising any other transfer authority 
available to the Secretary of State, and subject to subsection (k), the 
Secretary may transfer to, and merge with, any appropriation for 
embassy security, construction, and maintenance such amounts 
appropriated for any other purpose related to diplomatic and consular 
programs on or after October 1, 2013, as the Secretary determines are 
necessary to provide for the security of sites and buildings in foreign 
countries under the jurisdiction and control of the Secretary.
    ``(2) Any funds transferred under the authority provided in 
paragraph (1) shall be merged with funds in the heading to which 
transferred, and shall be available subject to the same terms and 
conditions as the funds with which merged.
    ``(k) Not later than 15 days before any transfer of funds under 
subsection (j), the Secretary shall notify the Committees on Foreign 
Relations and Appropriations of the Senate and the Committees on 
Foreign Affairs and Appropriations of the House of Representatives.''.

                TITLE II--CONTRACTING AND OTHER MATTERS

SEC. 201. LOCAL GUARD CONTRACTS ABROAD UNDER DIPLOMATIC SECURITY 
              PROGRAM.

    (a) In General.--Section 136(c)(3) of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)(3)) is 
amended to read as follows:
            ``(3) in evaluating proposals for such contracts, award 
        contracts to technically acceptable firms offering the lowest 
        evaluated price, except that--
                    ``(A) the Secretary may award contracts on the 
                basis of best value (as determined by a cost-technical 
                tradeoff analysis); and
                    ``(B) proposals received from United States persons 
                and qualified United States joint venture persons shall 
                be evaluated by reducing the bid price by 10 
                percent;''.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives a report that includes--
            (1) an explanation of the implementation of paragraph (3) 
        of section 136(c) of the Foreign Relations Authorization Act, 
        Fiscal Years 1990 and 1991, as amended by subsection (a); and
            (2) for each instance in which an award is made pursuant to 
        subparagraph (A) of such paragraph, as so amended, a written 
        justification and approval, providing the basis for such award 
        and an explanation of the inability to satisfy the needs of the 
        Department of State by technically acceptable, lowest price 
        evaluation award.

SEC. 202. DISCIPLINARY ACTION RESULTING FROM UNSATISFACTORY LEADERSHIP 
              IN RELATION TO A SECURITY INCIDENT.

    Section 304(c) of the Diplomatic Security Act (22 U.S.C. 4834 (c)) 
is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively, and moving such 
        subparagraphs, as so redesignated, 2 ems to the right;
            (2) by striking ``recommendations'' and inserting the 
        following: ``recommendations.--
            ``(1) In general.--Whenever''; and
            (3) by inserting at the end the following new paragraph:
            ``(2) Certain security incidents.--Unsatisfactory 
        leadership by a senior official with respect to a security 
        incident involving loss of life, serious injury, or significant 
        destruction of property at or related to a United States 
        Government mission abroad may be grounds for disciplinary 
        action. If a Board finds reasonable cause to believe that a 
        senior official provided such unsatisfactory leadership, the 
        Board may recommend disciplinary action subject to the 
        procedures in paragraph (1).''.

SEC. 203. MANAGEMENT AND STAFF ACCOUNTABILITY.

    (a) Authority of Secretary of State.--Nothing in this Act or any 
other provision of law shall be construed to prevent the Secretary of 
State from using all authorities invested in the office of Secretary to 
take personnel action against any employee or official of the 
Department of State that the Secretary determines has breached the duty 
of that individual or has engaged in misconduct or unsatisfactorily 
performed the duties of employment of that individual, and such 
misconduct or unsatisfactory performance has significantly contributed 
to the serious injury, loss of life, or significant destruction of 
property, or a serious breach of security, even if such action is the 
subject of an Accountability Review Board's examination under section 
304(a) of the Diplomatic Security Act (22 U.S.C. 4834(a)).
    (b) Accountability.--Section 304 of the Diplomatic Security Act (22 
U.S.C. 4834) is amended--
            (1) in subsection (c), by inserting after ``breached the 
        duty of that individual'' the following: ``or has engaged in 
        misconduct or unsatisfactorily performed the duties of 
        employment of that individual, and such misconduct or 
        unsatisfactory performance has significantly contributed to the 
        serious injury, loss of life, or significant destruction of 
        property, or the serious breach of security that is the subject 
        of the Board's examination as described in subsection (a),'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Management Accountability.--Whenever a Board determines that 
an individual has engaged in any conduct addressed in subsection (c), 
the Board shall evaluate the level and effectiveness of management and 
oversight conducted by employees or officials in the management chain 
of such individual.''.

SEC. 204. SECURITY ENHANCEMENTS FOR SOFT TARGETS.

    Section 29 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2701) is amended in the third sentence by inserting 
``physical security enhancements and'' after ``Such assistance may 
include''.

SEC. 205. REEMPLOYMENT OF ANNUITANTS.

    Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 
4064(g)) is amended--
            (1) in paragraph (1)(B), by striking ``to facilitate the'' 
        and all that follows through ``Afghanistan, if'' and inserting 
        ``to facilitate the assignment of persons to high threat, high 
        risk posts or to posts vacated by members of the Service 
        assigned to high threat, high risk posts, if'';
            (2) by amending paragraph (2) to read as follows:
    ``(2) The Secretary shall submit to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives a report on the incurred costs over the prior 
fiscal year of the total compensation and benefit payments to 
annuitants reemployed by the Department pursuant to this section.''; 
and
            (3) by adding after paragraph (3) the following paragraphs:
    ``(4) In the event that an annuitant qualified for compensation or 
payments pursuant to this subsection subsequently transfers to a 
position for which the annuitant would not qualify for a waiver under 
this subsection, the Secretary may no longer waive the application of 
subsections (a) through (d) with respect to such annuitant.
    ``(5) The authority of the Secretary to waive the application of 
subsections (a) through (d) for an annuitant pursuant to this 
subsection shall terminate on October 1, 2019.''.

  TITLE III--EXPANSION OF THE MARINE CORPS SECURITY GUARD DETACHMENT 
                                PROGRAM

SEC. 301. MARINE CORPS SECURITY GUARD PROGRAM.

    (a) In General.--Pursuant to the responsibility of the Secretary of 
State for diplomatic security under section 103 of the Diplomatic 
Security Act (22 U.S.C. 4802), the Secretary of State, in consultation 
with the Secretary of Defense, shall--
            (1) develop and implement a plan to incorporate the 
        additional Marine Corps Security Guard personnel authorized 
        pursuant to section 404 of the National Defense Authorization 
        Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 5983 
        note) at United States embassies, consulates, and other 
        facilities; and
            (2) conduct an annual review of the Marine Corps Security 
        Guard Program, including--
                    (A) an evaluation of whether the size and 
                composition of the Marine Corps Security Guard Program 
                is adequate to meet global diplomatic security 
                requirements;
                    (B) an assessment of whether Marine Corps security 
                guards are appropriately deployed among facilities to 
                respond to evolving security developments and potential 
                threats to United States interests abroad; and
                    (C) an assessment of the mission objectives of the 
                Marine Corps Security Guard Program and the procedural 
                rules of engagement to protect diplomatic personnel 
                under the Program.
    (b) Reporting Requirement.--Not later than 180 days after the date 
of the enactment of this Act, and annually thereafter for three years, 
the Secretary of State, in consultation with the Secretary of Defense, 
shall submit to the appropriate congressional committees an 
unclassified report, with a classified annex as necessary, that 
addresses the requirements set forth in subsection (a)(2).

TITLE IV--REPORTING ON THE IMPLEMENTATION OF THE ACCOUNTABILITY REVIEW 
                         BOARD RECOMMENDATIONS

SEC. 401. DEPARTMENT OF STATE IMPLEMENTATION OF THE RECOMMENDATIONS 
              PROVIDED BY THE ACCOUNTABILITY REVIEW BOARD CONVENED 
              AFTER THE SEPTEMBER 11-12, 2012, ATTACKS ON UNITED STATES 
              GOVERNMENT PERSONNEL IN BENGHAZI, LIBYA.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees an unclassified report, with a 
classified annex, on the implementation by the Department of State of 
the recommendations of the Accountability Review Board convened 
pursuant to title III of the Omnibus Diplomatic and Antiterrorism Act 
of 1986 (22 U.S.C. 4831 et seq.) to examine the facts and circumstances 
surrounding the September 11-12, 2012, killings of four United States 
Government personnel in Benghazi, Libya.
    (b) Content.--The report required under subsection (a) shall 
include the following elements:
            (1) An assessment of the overall state of the Department of 
        State's diplomatic security to respond to the evolving global 
        threat environment, and the broader steps the Department of 
        State is taking to improve the security of United States 
        diplomatic personnel in the aftermath of the Accountability 
        Review Board Report.
            (2) A description of the specific steps taken by the 
        Department of State to address each of the 29 recommendations 
        contained in the Accountability Review Board Report, 
        including--
                    (A) an assessment of whether implementation of each 
                recommendation is ``complete'' or is still ``in 
                progress''; and
                    (B) if the Secretary of State determines not to 
                fully implement any of the 29 recommendations in the 
                Accountability Review Board Report, a thorough 
                explanation as to why such a decision was made.
            (3) An enumeration and assessment of any significant 
        challenges that have slowed or interfered with the Department 
        of State's implementation of the Accountability Review Board 
        recommendations, including--
                    (A) a lack of funding or resources made available 
                to the Department of State;
                    (B) restrictions imposed by current law that in the 
                Secretary of State's judgment should be amended; and
                    (C) difficulties caused by a lack of coordination 
                between the Department of State and other United States 
                Government agencies.

SEC. 402. DESIGNATION AND REPORTING FOR HIGH THREAT, HIGH RISK 
              FACILITIES.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the <DELETED>Secretary 
of State shall submit to the appropriate congressional committees</DELETED> 
Secretary of State, in consultation with the Director of National 
Intelligence and the Secretary of Defense, shall submit to the 
Committee on Foreign Relations, the Select Committee on Intelligence, 
and the Committee on Armed Services of the Senate and the Committee on 
Foreign Affairs, the Permanent Select Committee on Intelligence, and 
the Committee on Armed Services of the House of Representatives a 
classified report, with an unclassified summary, evaluating Department 
of State facilities that the Secretary of State determines to be ``high 
threat, high risk'' in accordance with subsection (c).
    (b) Content.--For each facility determined to be ``high threat, 
high risk'' pursuant to subsection (a), the report submitted under such 
subsection shall also include--
            (1) a narrative assessment describing the security threats 
        and risks facing posts overseas and the overall threat level to 
        United States personnel under chief of mission authority;
            (2) the number of diplomatic security personnel, Marine 
        Corps security guards, and other Department of State personnel 
        dedicated to providing security for United States personnel, 
        information, and facilities;
            (3) an assessment of host nation willingness and capability 
        to provide protection in the event of a security threat or 
        incident, pursuant to the obligations of the United States 
        under the Vienna Convention on Consular Relations, done at 
        Vienna April 24, 1963, and the 1961 Vienna Convention on 
        Diplomatic Relations, done at Vienna April 18, 1961;
            (4) an assessment of the quality and experience level of 
        the team of United States senior security personnel assigned to 
        the facility, considering collectively the assignment durations 
        and lengths of government experience;
            (5) the number of Foreign Service Officers who have 
        received Foreign Affairs Counter Threat training;
            (6) a summary of the requests made during the previous 
        calendar year for additional resources, equipment, or personnel 
        related to the security of the facility and the status of such 
        requests;
            (7) an assessment of the ability of United States personnel 
        to respond to and survive a fire attack, including--
                    (A) whether the facility has adequate fire safety 
                and security equipment for safehavens and safe areas; 
                and
                    (B) whether the employees working at the facility 
                have been adequately trained on the equipment 
                available;
            (8) for each new facility that is opened, a detailed 
        description of the steps taken to provide security for the new 
        facility, including whether a dedicated support cell was 
        established in the Department of State to ensure proper and 
        timely resourcing of security; and
            (9) a listing of any ``high-threat, high-risk'' facilities 
        where the Department of State and other government agencies' 
        facilities are not collocated including--
                    (A) a rationale for the lack of collocation; and
                    (B) a description of what steps, if any, are being 
                taken to mitigate potential security vulnerabilities 
                associated with the lack of collocation.
    (c) Determination of High Threat, High Risk Facility.--In 
determining what facilities constitute ``high threat, high risk 
facilities'' under this section, the Secretary shall take into account 
with respect to each facility whether there are--
            (1) high to critical levels of political violence or 
        terrorism;
            (2) national or local governments with inadequate capacity 
        or political will to provide appropriate protection; and
            (3) in locations where there are high to critical levels of 
        political violence or terrorism or national or local 
        governments lack the capacity or political will to provide 
        appropriate protection--
                    (A) mission physical security platforms that fall 
                well below the Department of State's established 
                standards; or
                    (B) security personnel levels that are insufficient 
                for the circumstances.
    (d) Inspector General Review and Report.--The Inspector General for 
the Department of State and the Broadcasting Board of Governors shall, 
on an annual basis--
            (1) review the determinations of the Department of State 
        with respect to high threat, high risk facilities, including 
        the basis for making such determinations;
            (2) review contingency planning for high threat, high risk 
        facilities and evaluate the measures in place to respond to 
        attacks on such facilities;
            (3) review the risk mitigation measures in place at high 
        threat, high risk facilities to determine how the Department of 
        State evaluates risk and whether the measures put in place 
        sufficiently address the relevant risks;
            (4) review early warning systems in place at high threat, 
        high risk facilities and evaluate the measures being taken to 
        preempt and disrupt threats to such facilities; and
            (5) provide to the appropriate congressional committees an 
        assessment of the determinations of the Department of State 
        with respect to high threat, high risk facilities, including 
        recommendations for additions or changes to the list of such 
        facilities, and a report regarding the reviews and evaluations 
        undertaken pursuant to paragraphs (1) through (4) and this 
        paragraph.

SEC. 403. DESIGNATION AND REPORTING FOR HIGH-RISK COUNTERINTELLIGENCE 
              THREAT POSTS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in conjunction with 
appropriate officials in the intelligence community and the Secretary 
of Defense, shall submit to the appropriate committees of Congress a 
report assessing the counterintelligence threat to United States 
diplomatic facilities in Priority 1 Counterintelligence Threat Nations, 
including--
            (1) an assessment of the use of locally employed staff and 
        guard forces and a listing of diplomatic facilities in Priority 
        1 Counterintelligence Threat Nations without controlled access 
        areas; and
            (2) recommendations for mitigating any counterintelligence 
        threats and for any necessary facility upgrades, including 
        costs assessment of any recommended mitigation or upgrades so 
        recommended.
    (b) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Foreign Relations, the Select 
                Committee on Intelligence, the Committee on Armed 
                Services, and the Committee on Appropriations of the 
                Senate; and
                    (B) the Committee on Foreign Affairs, the Permanent 
                Select Committee on Intelligence, the Committee on 
                Armed Services, and the Committee on Appropriations of 
                the House of Representatives.
            (2) Priority 1 counterintelligence threat nation.--The term 
        ``Priority 1 Counterintelligence Threat Nation'' means a 
        country designated as such by the October 2012 National 
        Intelligence Priorities Framework (NIPF).

SEC. 404. COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF BENGHAZI 
              ACCOUNTABILITY REVIEW BOARD RECOMMENDATIONS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs of the House of Representatives a 
report on the progress of the Department of State in implementing the 
recommendations of the Benghazi Accountability Review Board.
    (b) Content.--The report required under subsection (a) shall 
include--
            (1) an assessment of the progress the Department of State 
        has made in implementing each specific recommendation of the 
        Accountability Review Board; and
            (2) a description of any impediments to recommended 
        reforms, such as budget constraints, bureaucratic obstacles 
        within the Department or in the broader interagency community, 
        or limitations under current law.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form but may contain a classified annex.

SEC. 405. SECURITY ENVIRONMENT THREAT LIST BRIEFINGS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and upon each subsequent update of the Security 
Environment Threat List (SETL), the Bureau of Diplomatic Security shall 
provide classified briefings to the appropriate congressional 
committees on the SETL.
    (b) Content.--The briefings required under subsection (a) shall 
include--
            (1) an overview of the SETL; and
            (2) a summary assessment of the security posture of those 
        facilities where the SETL assesses the threat environment to be 
        most acute, including factors that informed such assessment.

                 TITLE V--ACCOUNTABILITY REVIEW BOARDS

SEC. 501. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Accountability Review Board mechanism as outlined 
        in section 302 of the Omnibus Diplomatic Security and 
        Antiterrorism Act (22 U.S.C. 4832) is an effective tool to 
        collect information about and evaluate adverse incidents that 
        occur in a world that is increasingly complex and dangerous for 
        United States diplomatic personnel; and
            (2) the Accountability Review Board should provide 
        information and analysis that will assist the Secretary, the 
        President, and Congress in determining what contributed to an 
        adverse incident as well as what new measures are necessary in 
        order to prevent the recurrence of such incidents.

SEC. 502. PROVISION OF COPIES OF ACCOUNTABILITY REVIEW BOARD REPORTS TO 
              CONGRESS.

    Not later than 2 days after an Accountability Review Board provides 
its report to the Secretary of State in accordance with title III of 
the Omnibus Diplomatic and Antiterrorism Act of 1986 (22 U.S.C. 4831 et 
seq.), the Secretary shall provide copies of the report to the 
appropriate congressional committees for retention and review by those 
committees.

SEC. 503. CHANGES TO EXISTING LAW.

    (a) Membership.--Section 302(a) of the Omnibus Diplomatic Security 
and Antiterrorism Act (22 U.S.C. 4832(a)) is amended by inserting ``one 
of which shall be the Inspector General of the Department of State and 
the Broadcasting Board of Governors,'' after ``4 appointed by the 
Secretary of State,''.
    (b) Staff.--Section 302(b)(2) of the Omnibus Diplomatic Security 
and Antiterrorism Act (22 U.S.C. 4832(b)(2)) is amended by adding at 
the end the following: ``Such persons shall be drawn from bureaus or 
other agency sub-units that are not impacted by the incident that is 
the subject of the Board's review.''.

                        TITLE VI--OTHER MATTERS

SEC. 601. ENHANCED QUALIFICATIONS FOR DEPUTY ASSISTANT SECRETARY OF 
              STATE FOR HIGH THREAT, HIGH RISK POSTS.

    The Omnibus Diplomatic Security and Antiterrorism Act of 1986 is 
amended by inserting after section 206 (22 U.S.C. 4824) the following 
new section:

``SEC. 207. DEPUTY ASSISTANT SECRETARY OF STATE FOR HIGH THREAT, HIGH 
              RISK POSTS.

    ``The individual serving as Deputy Assistant Secretary of State for 
High Threat, High Risk Posts shall have one or more of the following 
qualifications:
            ``(1) Service during the last six years at one or more 
        posts designated as High Threat, High Risk by the Department of 
        State at the time of service.
            ``(2) Previous service as the office director or deputy 
        director of one or more of the following Department of State 
        offices or successor entities carrying out substantively 
        equivalent functions:
                    ``(A) The Office of Mobile Security Deployments.
                    ``(B) The Office of Special Programs and 
                Coordination.
                    ``(C) The Office of Overseas Protective Operations.
                    ``(D) The Office of Physical Security Programs.
                    ``(E) The Office of Intelligence and Threat 
                Analysis.
            ``(3) Previous service as the Regional Security Officer at 
        two or more overseas posts.
            ``(4) Other government or private sector experience 
        substantially equivalent to service in the positions listed in 
        paragraphs (1) through (3).''.
                                                       Calendar No. 257

113th CONGRESS

  1st Session

                                S. 1386

_______________________________________________________________________

                                 A BILL

   To provide for enhanced embassy security, and for other purposes.

_______________________________________________________________________

                            December 9, 2013

                        Reported with amendments